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EASEMENT <br /> 4. The Granror agrees that dtle to all brush, trees, other vegetation or debris trimmed, <br /> cut and removed from the easement pursuant to this Agreement, and also all brush, trees, other <br /> vegetation or debris uimmed, cut and removed from Grantor's land pursuant to this <br /> Agreement is vested in the City, and that the consideration paid for conveying said easement <br /> and rights herein described is accepted as full compensation for all damages incidental to the <br /> exercise of any of said rights. <br /> 5. In tye event Grantor places any improvements on or in the easement or constructs <br /> anything within the easement without first having obtained the written approval of the City <br /> Engineer, the Grantor shall cease all such activity and remove any and all improvemerds <br /> placed therein without the written agreement of the City Engineer. In the event Grantor fails <br /> to obtain prior approval, Grantor hereby authorizes the City to remove any and all <br /> improvements placed or constructed therein and hold the City, its officers, employees and <br /> agents harmless from damage caused to said improvements from removal thereof. Grantor <br /> further agrees to pay the City for any and all costs incurred by the City in removing the <br /> improvements. This right is in addition to any other right the City may have at 1_aw or in <br /> equity. <br /> 6. Grantor does release, indemnify and promise to defend and save harmless the City, <br /> its officers, employees and agents from and against any and all liability, loss, damage, <br /> expense, actions and claims, including cosu and reasonable attorney's fees incurred by the <br /> City, its officers, employees and agents in defense thereof, asserting or arising direcUy or <br /> indirectly on account of or out of Grantor's use or activity within the above-described <br /> easement. This paragraph does not purport to indemnify the City against liability for damages <br /> arising out of bodily injury to persons or damages to property caused by or resulting from the <br /> sole negligence of the City, its officers, employees and agents; provided, tliat if the claims or <br /> 3 <br /> 98492g0272 <br />